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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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saurabh singh   15 July 2011 at 10:53

anscestral property dispute

my father have 3 sons and 4 daughters. He had transfered ours anscestral agriculture land to my eldest brother(only) through court decree in 1981,without any consent of rest of copassners.
1)how can we fight for our right ?
2)what law of limitation says in this case ?
3)what will be the court fees in this case in haryana ?

Deepika Mishra   15 July 2011 at 10:45

12 Years of possession

My husband's elder brother is staying in a part of a property (first floor) for more than 12 years, which I purchased from my father-in-law 6 months back and got duly registered. What is my right to evict him? Does he becomes the owner or has right to continue to stay?

Rajesh Tandon   15 July 2011 at 00:25

WRITING OF WILL

1. Kindly clarify if there is a property owned by two individuals jointly and if one of the two individuals wants to write his will on the 50% part of the property i.e on his/her share ( in case of the sale of the property) without knowledge of the other party to whom the balance of 50% of the property belongs to, is the same permissible? Is this act legal or it amounts to cheating?
2. If it is not objectionable, on the that part which belongs to him or her, then what are the modalities of writing the will?

Anonymous   14 July 2011 at 22:27

validity of unrgistered Partition deed

My mother had a property in Pune which she has bought in 2006. She expired in 2007 leaving behind my father and four sons other than me (Total 5 sons).
As per Memorandum of Partion deed , the same property has fallen in my share. However the deed made in July 2011, on a stamp paper of Rs 100 (in state of jharkhand) is not registered.
I plan to sell the property. The prospective buyer says that the unrgistered deed is not valid.
will someone educate me on the same.?

SRY   14 July 2011 at 21:33

Regarding Gift Deed...

A gift deed for a flat is to be executed in Pune between mother and son. Other Two siblings are going to be witness for the same. Is it necessary for the witness to be signing in front of registrar or can they sign the deed at home and not go to registrar office?

Akanksha Priya   14 July 2011 at 21:05

Endevour to grab all my Ancestral Property by my elder sister

Dear Sir,

My ancestral land and house were distributed by court from my grandfather to his three Sons due to a partition lawsuit filed by my eldest uncle. In our share we had 6000 square feet of land plot at one place and 15000 square feet of agricultural land as six plots at different places in main Patna town. Land taxation and receipts were in name of my mother as father expired long back.

We are only two sisters, both are married. My elder sister stays in her in-laws house in Patna, while I stay in Mumbai with my husband and working there. My mother was staying with me at Mumbai, but last year, she has got her natural death at Mumbai.

After death of my Mom, my elder sister came to me and given a typed stamp paper to sign for transfer of those lands (Daakhil Kharij) at Patna from my mothers name to name of both of we sisters. She has also taken a signature of me on a plain paper, saying that she needs that to prepare a family tree (Vanshavali) to file at land registrar office,i.e.,block office. I have signed that typed stamp paper and that plain paper to my elder sister in good faith.

Four months back, I and my husband migrated to London and in middle, we have got the news that she sold 6000 square feet land on her own. Since these are prime lands, I was stunned to hear this and immediately came to India and put a proposal before my sister to have partition of remaining land. She is not ready for partition and planning to sale these lands on her own, considering that I am no more in India to stop her.

I need yours help to understand whether I can file a partition suit to equally divide the remaining land and house between both of us?
Is there any law by which I can stop her from selling these land on her own/in my absence?
Is there any law by which I can revoke her sale deed for land, which she already sold in my absence?
In which court at Patna, I have to file the case? How long will it take to get final justice and resolution for these kind of case?
Who can be the best lawyer in Patna, who can fight this case for me, while I stay abroad? Please guide.

Regards,

Akanksha

HEM NAM HAT   14 July 2011 at 19:53

format required to add name on property card and 7/12

format required

1>What document I have to submit to Talathi and Tahsildar office to add our family names on 7/12 and Property card.

2> Foramt In case Daughters are legal Hair claiming for land belongs to Death father.

samiullah m tahasildar   14 July 2011 at 17:48

regarding muncipal tax

if the property is to be let out...
1.the muncipal tax will be paid by tenant or owner ?
2.what will be the rate of muncipal tax for property (commercial property) ?
3.is there any provision that we can differentiate the rent in two ways like ..
suppose the rent is 10000 ..
3000 for place of business and 7000 for furniture ...
the property is situated at maharashtra state ...

Mahesh   14 July 2011 at 10:32

Tenant

Dear Sir/Madam,

My Mother is living in a rajouri garden from the last 22yrs every month she is paying rent on time.Basically we are from bangalore but settled in Delhi. now suddenly owner came n asking her to vacate the house or increase the rent by 30% in every 2 years we were increasing the rent as per the discussion before taking the house. I asked the owner if you wanna sell it out then sell it to us only because its been a 22years now. I am staying in different place.
Please Suggest me what to do.?

Anonymous   14 July 2011 at 01:07

property case involving multiple respondents

Hi,

This is with regard to a land property which my father had purchased in 1979 totalling 50 cents from the legal heir of the property who owned 6 acres of land.Including my father, there were 14 other buyers who bought different/small parts of the whole 6 acres land from the same seller.
In 1981, the male siblings of "seller" had appealed in the district court against selling the property. The district court order was in favour of the 14 respondents.
The case was appealed in the High court subsequently where the appelant had withdrawn the case later in 2000. It later came to light that the appellant had entered into a mutual agreement with another party who registered a case regarding the same land in 2006.
Recently (a month ago) the high court has passed a decision favouring the appellant as our advocate (who was given the authority to represent all 14 respondents) did not attend any hearing)- (pls note this was not known to any respondents and they still hoped that they were being represented fairly)

Pls suggest what can be done now.

1. Can my father seperate his case (as the case is combined with 14 other people) and approach the supreme court?

2. Is there a period within which if any petition is not filed in supreme court then the case is lost for my father?

3. What is the procedure to approach the
supreme court for property related disputes?